The proposed rule amendment revises the Aquaculture Best Management Practices Manual (FDACS-02034), to reflect the recent revisions to s. 597.004, F.S.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NOS.:RULE TITLES:

5L-3.004Aquaculture Best Management Practices Manual

5L-3.007Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices

PURPOSE AND EFFECT: The proposed rule amendment revises the Aquaculture Best Management Practices Manual (FDACS-02034), to reflect the recent revisions to s. 597.004, F.S.

SUMMARY: The proposed rule amends the Aquaculture Best Management Practices Manual (FDACS-02034) regarding prohibited and restricted nonnative species, and the related references in penalties to reflect recent revisions to s. 597.004, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic analysis of adverse impacts and potential regulatory costs of the proposed rule not exceeding any of the criteria established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(10), 570.07(23), 597.004(2)(a), 791.07 F.S.

LAW IMPLEMENTED: 597.003, 597.004, 597.010(17), 597.0041 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Smith by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5L-3.004 Aquaculture Best Management Practices Manual.

(1) The Aquaculture Best Management Practices manual, FDACS-02034 (rev. November 2023 rev. June 2022) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-14818 or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399, [phone].

(2) The following documents have been adopted by reference into the Aquaculture Best Management Practices Manual, FDACS-02034 (rev. November 2023 rev. June 2022) and are hereby incorporated by reference and available online as indicated:

(a) through (j) No change.

Rulemaking Authority 570.07(10), 570.07(23), 597.004(2)(a), 791.07 FS. Law Implemented 597.003, 597.004, 597.010(17) FS. History–New 10-4-00, Amended 12-29-02, 6-8-04, 11-22-05, 4-9-07, 11-30-15, 1-9-17, 2-10-22, 12-7-22,               .

 

5L-3.007 Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices.

(1) through (7) No change.

(8) Penalties. Any person who violates any provision of Chapter 597, F.S., or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration.

(a) No change.

(b) Minor violations. Minor violations shall result in imposition of a fine of up to $500. A violation of Chapter 597, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The following violations shall be considered minor violations:

1. through 2. No change.

3. Possession of restricted/conditional nonnative species as defined in Rule Chapter 5L-3, 68-5.002, F.A.C., without proper authorization.

(c) Major violations. Major violations shall result in imposition of a fine of up to $1,000. Any person who violates any provision of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration. The following violations shall be considered major violations:

1. through 3. No change.

4. Live sale of restricted/conditional nonnative species as defined in Rule Chapter 5L-3, 68-5.002, F.A.C., without proper authorization and documentation.

5. Possession of prohibited species as defined in Rule Chapter 5L-3, 68-5.003, F.A.C., without proper authorization.

6. No change.

7. Improper disposal of bags, cover netting, or other materials used for aquaculture in the culture of shellfish on submerged lands when materials are removed during maintenance or harvesting or dislodged during storm events.

8. through 10. No change.

(9) through (12) No change.

Rulemaking Authority 570 597.07(23), 597.004(2)(a) FS. Law Implemented 597.004, 597.0041 FS. History–New 10-4-00, Amended 11-30-15, 9-26-22,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Portia Sapp, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 06, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/27/2023